Can I hire a attorney to keep me from going back to work too soon? 18 Answers as of June 11, 2015

I was injured on the job. I tore my shoulder. I just had surgery 5 weeks ago, still in part 2 a week. Now my employer and workers comp are trying to make me go back to work too soon. I am still in lots of pain with shoulder, do I need to hire a lawyer?

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At this point it is a medical decision on whether you have achieved maximum medical improvement. You need to ask your physician if you can return to light duty or determine when you can return to full duty. It is a medical decision. An attorney is only necessary if you don't feel that you are being treated fairly.

No.. Just go back to work with restrictions. When it start hurting after half a shift, go to lunch and then come back. If it still hurts too much, tell your boss, leave work and go to your Doctor that day so the Dr. can see how you look.

If your Dr has given you temporary restrictions that the employer can accommodate and pay you the same pay as your regular job, they will not owe you temporary total disability benefits. I'm not sure what, if anything a lawyer could do to stop it if that is your situation, but it never hurts just to talk to one. Consider consulting an experienced comp lawyer. Good luck.

You should hire a lawyer to properly represent you and make sure you needed to negotiate your time out of work. He may specifically ask the doctor for reports that will assist in getting this accomplished. He will also maximize your recovery.

A lawyer could help you with your case. It sounds like they may want you to go back to work too soon, and a lawyer could help prove from your medical records whether it is too soon for you to go back to work. A lawyer could also help you throughout your case and get you a reasonable settlement, based upon your injury and recovery.

It's your Dr., not your lawyer that you need right now: If the dr says that you are not ready to go back to work, then you are not ready. Of course, the comp carrier will claim that you could and should return to work and will cut you off, that's when you will need a lawyer to take an appeal with the comp board. Otherwise, if your dr says you can go back to work, that's what you must do. If the dr imposes restrictions on you, then both you and your employer must follow them.

Medical opinions carry a lot of weight in workers' compensation, and your work restrictions should be defined by your doctor. If you cannot handle what the doctor says should be allowed, you may need an attorney and another doctor.

It certainly sounds like you should have a lawyer look into the matter. Generally, it is up to the treating and independent medical experts as to when it should be reasonably expected that you return to your employment.

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